Motion to withdraw plea denied

CANON CITY — A Salida man serving a 48-year sentence for kidnapping and murder was denied a motion to withdraw his plea Thursday in connection with a 2008 criminal case.

Brian Nicholas Folsom, now 35, pleaded guilty in June 2009 to second-degree murder and second-degree kidnapping in the death of James Durgan, 37, of Salida. Folsom and co-defendants Kristin T. Durgan, then 40, and Andrew Tanner, then 22, all were accused of taking part in the slaying of James Durgan July 10, 2008.

James Durgan was kidnapped, tied to a tree in a remote spot near Cotopaxi, then shot in the head three times. His body was recovered July 19, 2008, from the Arkansas River near Parkdale.

Kristin Durgan is serving a 54-year prison sentence and Tanner is serving a life sentence.

Through his attorney Danyel Joffe of Denver, Folsom alleged he was not on psychiatric medication while in jail and therefore was impaired and not able to make a knowing decision about his plea agreement.

His psychiatrist, Dr. Julie Meeker, who monitors him at San Carlos prison, said since 2005, Folsom has suffered from depression, schitzo-defective disorder as well as post-traumatic stress disorder. She testified that he needs anti-psychotic mood stabilizing and anti-depression medication for the disorders.

Folsom testified that when he is not on medication, he hears voices that are like “entire rooms filled with people” or a demon that tells him to hurt himself. Folsom said he did not understand what he was doing during the plea hearing and would not have admitted guilt to, “A murder I did not do.”

However, District Court Judge David Thorson said, “When you kidnap somebody and that person dies, it is felony murder and that’s life without parole, so (48 years) was a reasonable sentence. The pre-sentence report indicated he was on anti-psychotic medication while in the jail — just not the same med he is taking now.”

Thorson said he reviewed the transcript of the plea hearing and said Folsom did not indicate a lack of understanding at that time, although he had many opportunities to do so.

“Judge (Julie) Marshall probably went through one of the most extensive inquiries I’ve ever encountered,” Thorson said. “I find that you did enter a knowing, voluntary and intelligent plea and the motion for post-conviction relief is denied.”